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Tag Archives: Title VII

By Russell Cawyer on April 24, 2017 Posted in Case Summaries,RetaliationRetaliation cases can be more difficult for employers to defend because “revenge” is a motive easily understood and identified with. From a purely legal standpoint, retaliation cases are also more problematic to defend because of the wider variety of employment actions that are actionable under a retaliation theory. In discrimination claims, only ultimate employment actions (i.e., failure to hire, promote, terminate) are actionable. In… Continue Reading

By Russell Cawyer on September 2, 2014 Posted in Case Summaries,Reasonable Accommodation,ReligionLast week I wrote about a religious discrimination case where an employer snatched victory from the jaws of defeat at the Fifth Circuit Court of Appeals. This week, we have a Fifth Circuit opinion where the court took away an employer’s victory in another religious discrimination case and sent the case back to the trial court… Continue Reading

By Russell Cawyer on August 26, 2014 Posted in Case Summaries,Discrimination,ReligionThe status of an employee as a supervisor or nonsupervisor can have a significant impact on the outcome of a discrimination, harassment or retaliation case. For example, if an employee who commits a hostile work environment is a supervisor, the employer could be deprived of valuable legal defenses like the Faragher/Ellerth affirmative defense. A recent case from… Continue Reading

By Russell Cawyer on June 25, 2013 Posted in Case Summaries,RetaliationIn a case appealed from the Fifth Circuit Court of Appeals, the U.S. Supreme Court held that a plaintiff in a Title VII retaliation case may prevail only when he shows that he would not have suffered an adverse employment action “but for” his engaging in protected activity. In the first retaliation case in several years… Continue Reading

By Russell Cawyer on June 24, 2013 Posted in Case Summaries,HarassmentThe U.S. Supreme Court adopted an objective test for determining an employee’s Title VII “supervisory status” in Vance v. Ball State University. The question in Vance was what level of authority must an individual have to qualify as a “supervisor” for purposes of Title VII vicarious liability. This is an important issue because the employee’s status often… Continue Reading

By Russell Cawyer on May 8, 2013 Posted in Case Summaries,RetaliationIn a recent case from the Fifth Circuit, the Court held that attorney’s fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. In Carter v. Luminant Power Serv. Co., the plaintiff employee brought a Title VII discrimination and retaliation claim alleging that he was disciplined for his complaints of racial… Continue Reading

By Russell Cawyer on January 26, 2012 Posted in News & CommentaryYesterday I had the privilege to serve on a panel discussion of employment defense attorneys covering Title VII Litigation: Persistent Evidentiary Challenges. We had lawyers from twenty-two states registered for the program. If you have an evidentiary question involving a discrimination, retaliation or harassment claim, these materials may provide you a head start on your research or… Continue Reading

By Russell Cawyer on January 12, 2012 Posted in Case Summaries,DiscriminationYesterday, the U.S. Supreme Court unanimouslyy held that the ministerial exception bars a federal employment discrimination suit brought by a teacher challenging her church-employer’s decision to terminate her employment. While this holding is limited to religious affiliated employers, it firmly establishes the ministerial exception as a bar to certain employment discrimination claims against religious organizations. Plaintiff… Continue Reading

By Russell Cawyer on December 14, 2011 Posted in Case SummariesIn reading a recent Fifth Circuit opinion affirming the dismissal of a employee’s claim of racial harassment involving the display of a noose, I am reminded of Mark Twain’s quote, "If you tell the truth, you don’t have to remember anything." Its good advice to live by and even better advice for deponents and witnesses. Nickey… Continue Reading

By Russell Cawyer on July 12, 2011 Posted in Case Summaries,Discrimination,Harassment,RetaliationIn an issue of first impression in the Fifth Circuit, the U.S. Court of Appeals holds that Title VII’s damages cap apply on a "per party" basis rather than on "per claim." In Black v. Pan American, the Plaintiff, Carleen Black, prevailed on her Title VII and TCHRA claims of sex discrimination and retaliation. The… Continue Reading

By Russell Cawyer on June 23, 2011 Posted in Case Summaries,Discrimination,Harassment,RetaliationThe Fifth Circuit held today that a spouse of a successful Title VII plaintiff cannot maintain a legal claim for loss of consortium (i.e., loss of spousal services) under state and federal law. In Barker, Tracey Barker was a civilian worker employed by Halliburton (aka KBR). She claimed she was subjected to sexual harassment, retaliation and various… Continue Reading

By Russell Cawyer on January 24, 2011 Posted in Case Summaries,Discrimination,Judicial Updates,RetaliationThe U.S. Supreme Court announced that employees, who never engaged in protected activity, can bring third-party retaliation claims against their employers when they suffer an adverse employment action due to their connection with a person who has engaged in protected activity. The facts of Thompson v. North American Stainless are straightforward. In February 2003 North American Stainless was advised… Continue Reading

By Russell Cawyer on May 24, 2010 Posted in Case Summaries,DiscriminationThe U.S. Supreme Court reversed and remanded a win the City of Chicago obtained against an African-American class of firefighter applicants seeking positions with the City. In Lewis v. City of Chicago, a group of firefighter applicants filed a lawsuit against the City challenging the City’s 1996 decision that it would only consider those applicants who scored "well-qualified" on the… Continue Reading

About the author

Russell Cawyer is a partner representing Texas employers in Kelly Hart & Hallman’s labor and employment practice group practicing out of the firm’s Fort Worth, Texas office. He has been board certified in labor and employment law by the Texas Board of Legal Specialization for nearly 20 years.

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